Graves v. Moore
California Supreme Court
Appeal from a judgment for the plaintiff, and from an order denying a new trial in the Twentieth District Court, County of Monterey.
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Appeal from a judgment for the plaintiff, and from an order denying a new trial in the Twentieth District Court, County of Monterey. Belden, J. The complaint (besides other facts stated in the opinion) alleged in effect that, after the seizure of the billiard table, Strahle & Co. demanded of this plaintiff the possession of the same, claiming to be the owners; that the plaintiff notified the defendants of the claim, and that thereupon the defendants instructed him to sell, notwithstanding the said claim; that upon the service of the summons in the action against him, he notified the attorneys…
1Opinion of the Court
McKee, J.:
By an execution issued on a judgment in favor of the appellants in this case against one Day, the respondent, as Sheriff of Monterey County, levied on certain personal property, including a billiard table, as the property of the judgment debtor, and advertised the property for sale to satisfy the execution. Before the day of sale, Strahle & Co., and one Soberanes, each for himself, claimed the billiard table pursuant to § 689 of the Code of Civil Procedure. Written notice of the Soberanes claim was given to the appellants; and it was claimed that a like notice was given to them, by…
2Cases cited1 opinion
- Stark v. RaneyCalifornia Supreme Court · 1861